Legal Question in Real Estate Law in California

Re: Lis pendens

You should file a motion to determine the amount of the arrears. The Department of Child Support Services should assist you in this matter. Try to get a judgment that he owes you a specified amount of money for support and interest on the unpaid support. There is case law that you can attach the trust to get paid child support.

Re: Lis pendens

A lis pendens (now officially called a notice of pendency of action) is a document recorded with a county recorder and also filed with the court and served on all parties to an existing lawsuit. It is a "notice to the World" of the existence of the suit, but it is not a suit or demand in itself, nor does it really prevent the sale, exchange or encumbrance of property - although it can have a stifling effect. Anyone who buys or encumbers (takes as collateral) real property that has a lis pendens on it is presumed to know about the suit and takes his interest subject to the rights of the plaintiff in the suit.

The attorney of record in a lawsuit can prepare, record, serve and file a lis pendens. However, a self-represented person cannot, without prior permission from a judge of the court where the suit is pending.

A lis pendens CANNOT be used unless there is a suit pending in that court that asserts a claim affecting title to, possession of, or an easement on, the real property described in the lis pendens. In particular, in suits seeking money damages and not asserting a real property claim, the fact that the defendant's real property is his only source of funds to pay a judgment does not turn the suit into a real property claim entitling the plaintiff to attempt to tie up the real property so it can later be subjected to a judgment lien and sold to pay the judgment.

I would also like to suggest a correction to your notion about the girlfriend as trustee. During the lifetime of the trustor of a living trust, the trustor is ordinarily also the trustee (as the term "living trust" is usually meant) and the girlfriend is probably "only" the proposed successor trustee, to take office upon the mother's death. Mom can change or revoke her trust while alive and competent.

The trust may go beyond an ordinary living trust, however, and contain spendthrift or special needs provisions that may prevent your ex from receiving a big windfall that could be attacked by a creditor such as yourself. Only a trust specialist with full knowledge of its terms could tell you whether you could attack the trust successfully after mom's death. Obviously, you cannot attack mom's property now; she is not your debtor.

It doesn't sound as though you have a lawsuit against your ex at this time. If not, that may be a timely next step, before any statutes of limitations expire. Claims more than a certain number of years stale become unenforceable. Id' advise seeing a family law attorney as soon as possible.

Re: Lis pendens

You should have an attorney prepare a complaint for back support and a writ of attachment against the trust and any property he owns. As the trust is probably revocable, you may want to wait until the death of his mother before you actually file the complaint and seek the writ. Otherwise you may be putting him on notice and he may have his mother hide the assets and money. You will need to obtain a release from Child Support Services to do this, so, you should act quickly, before the money is gone.